Clear audio, reliable speaker information, explicit instructions, and review against the source improve transcript quality and usability. Legal transcription best practices also include preserving originals, controlling access, and documenting corrections so the team knows which recording and transcript it is using.
The ten practices below are recommendations for legal teams, not a description of ATS’s operating procedures. ATS documents 100% human legal transcription and review by trained legal transcription professionals.
Preparation
1. Confirm intended use and transcript requirements
Owner: Supervising attorney, supported by a paralegal.
Define whether the transcript is an internal reference, a source for quotations, or an official record. Confirm required detail, certification, deadline, and recording permissions before capture or submission. Purpose determines the appropriate preparation and review.
Common mistake: Assuming an ordinary working transcript meets official-record requirements.
2. Test equipment and recording conditions
Owner: Recording coordinator or litigation support specialist.
Make a short test using the planned microphones, platform, and participant positions. Play it back, checking remote voices, volume, distortion, and background noise. Confirm battery power and storage capacity. Testing reveals problems while adjustments remain possible.
Common mistake: Checking the recording indicator without listening to captured audio.
Recording
3. Identify speakers clearly
Owner: Interview lead or designated recording coordinator.
Where the proceeding permits, have participants state their names and roles at the start. Keep a matching participant list and note later arrivals. Clear introductions support reliable attribution; uncertain voices should remain unidentified until verified.
Common mistake: Assigning a name solely because the speaker’s answer seems expected.
4. Reduce overlapping speech where practical
Owner: Interview lead or meeting chair.
Where permitted, ask participants to take turns and pause after interruptions so an answer can be completed. Follow the authorized officer’s directions in formal proceedings. Distinct speaking turns make words and attribution easier to review.
Common mistake: Talking over an answer to clarify it, creating further overlap.
Submission
5. Supply names, terminology, and relevant references
Owner: Assigned paralegal, with attorney approval where needed.
Provide a concise glossary of names, technical terms, exhibit titles, and abbreviations, plus relevant approved references. Indicate uncertain spellings. These materials guide identification without replacing the recording as the source of spoken content.
Common mistake: Sending unnecessary case files or treating glossary entries as proof of what was said.
6. Specify verbatim style, timestamps, and formatting
Owner: Requesting attorney or paralegal.
Define whether fillers, repetitions, and false starts must be retained. Specify timestamp placement, speaker labels, uncertainty conventions, page and line references, and delivery format. Clear specifications prevent inconsistent expectations.
For U.S. federal court transcripts, confirm the applicable Judicial Conference format. The U.S. District Court for Idaho directs users to Volume 6, Chapter 5, §520.
Common mistake: Requesting “verbatim” without explaining which speech details and annotations to include.
7. Preserve the original recording and document versions
Owner: Litigation support specialist or records custodian.
Keep the original unmodified under the legal team’s preservation instructions. Create separately labeled copies for conversion, enhancement, or authorized redaction. Log source identifiers and derivative changes so reviewers can trace each version.
Hypothetical example: Counsel authorizes removing a phone number from an internal transcript copy. Staff label the redacted copy and preserve the unredacted recording and transcript under counsel’s instructions.
Common mistake: Overwriting the original with a cleaned or redacted version.
8. Use approved transfer and access methods
Owner: Legal operations or IT, with the matter team.
Use the firm’s approved transfer channel, verify the recipient, and restrict access to authorized people. Confirm provider access, subcontractor, retention, and deletion terms. These steps control how sensitive material moves beyond the team.
ATS’s data-security page discusses encryption, access controls, and retention, largely in the context of patient information. Confirm which provisions apply to your legal recordings.
Common mistake: Assuming a shareable link is appropriately restricted because it requires a login.
Review and records management
9. Check unclear passages and critical details against the recording
Owner: Assigned reviewer; attorney for consequential wording.
Compare the transcript with its identified source, using the review table below. Replay unclear sections and document unresolved words with agreed markers and timestamps. Preserve audible fragments; context can guide investigation but cannot supply missing speech. This keeps uncertainty visible without inventing words.
Hypothetical example: A reviewer hears “It totaled” and “dollars,” but cannot resolve the amount. Use “It totaled [unintelligible 00:12:34–00:12:37] dollars” rather than importing a figure from an invoice.
Common mistake: Replacing uncertainty with a plausible word or amount.
10. Manage corrections, delivery versions, and retention
Owner: Matter paralegal and records custodian, with attorney approval.
Log each correction with its location, proposed wording, reason, and reviewer. Confirm the revised delivery version and mark earlier copies as superseded. This makes corrections traceable and prevents reliance on obsolete text. Apply the approved retention policy after checking counsel’s preservation instructions and any holds.
For U.S. federal civil depositions, Rule 30(e) governs requested witness review and statements of changes; handle those separately from routine transcription corrections.
Common mistake: Silently editing a certified record or deleting files solely because delivery is complete.
Copyable submission checklist
Copy and complete this checklist before placing an order:
- Matter identifier and requesting contact.
- Intended use and required official or certification process, if applicable.
- Recording permissions and applicable restrictions confirmed by counsel.
- Recording type, date, duration, language, and segment order.
- Source filenames, versions, and known missing sections.
- Speaker names, roles, and unresolved identities.
- Approved glossary and relevant reference materials.
- Verbatim instructions, timestamp rules, uncertainty markers, and output format.
- Redaction instructions and identification of any working copies.
- Deadline and time zone, approved delivery recipients, transfer method, and retention instructions.
Review table: check meaning as well as spelling
The potential errors below are hypothetical. Compare each item with the audio and document unresolved questions.
| Review item | What to check | Hypothetical error to investigate |
|---|---|---|
| Names | Spoken identity and spelling in approved references | Kline becomes Klein |
| Dates | Month, day, year, and surrounding qualifications | June 15 becomes July 15 |
| Amounts | Currency, units, decimals, and number wording | $1,500 becomes $15,000 |
| Negations | “Not,” “never,” and other meaning-changing words | “Did not approve” becomes “did approve” |
| Speaker labels | Voice, adjacent turns, and participant information | Counsel’s words are attributed to the witness |
| Unclear-audio markers | Location, timestamp, audible fragments, and unresolved gap | A guessed name replaces an inaudible marker |
Resolve spelling with approved references without changing the substance of the speech. If audio remains ambiguous, retain the marker and request attorney direction rather than choosing the most convenient interpretation.
FAQs
How should we confirm permission to record?
Have counsel assess applicable laws and orders before recording. Under U.S. federal law, 18 U.S.C. §2511(2)(d) provides an exception when a private person is a participant or has one party’s prior consent, excluding interception for criminal or tortious purposes. State law and proceeding-specific restrictions also require assessment.
What if a passage remains unintelligible?
Keep the audible words, insert the agreed uncertainty marker, and provide a timestamp. Record the unresolved issue for follow-up. An exhibit or another speaker’s answer may guide investigation but should not fill the gap.
Can we redact a working copy?
Yes, when the legal team authorizes it. Label the derivative, document the redaction, and preserve originals according to counsel’s instructions and applicable obligations. Obtain separate directions for any filing or production.
Does correct formatting make a transcript official?
No. U.S. federal civil deposition certification is addressed by Rule 30(f)(1). U.S. Courts guidance describes court-designated transcription for electronically recorded federal proceedings. Confirm the authorized process for the relevant court and proceeding.
How long should recordings and transcripts be retained?
Follow the applicable policy, client instructions, orders, and preservation requirements. There is no single period recommended here. For U.S. federal civil litigation, Rule 37(e) addresses loss of electronically stored information that should have been preserved.
To discuss your recording and required transcript specifications, request a quote for ATS’s human legal transcription services.